Utah State Digest, Vol. 2009, No. 20 (October 15, 2009) [NOTE: The Utah State Digest (Digest) is created from the eRules filing database used to create the Utah State Bulletin (Bulletin). While a discrepancy between the Digest and the Bulletin is highly unlikely, any discrepancies will be resolved in favor of the Bulletin. Please refer to the State Disclaimer ( http://www.utah.gov/disclaimer.html ) for more information.] ------------------------------------------------------------ UTAH STATE DIGEST Summary of the Contents of the Utah State Bulletin For information filed September 16, 2009, 12:00 AM through October 1, 2009, 11:59 PM Volume 2009, No. 20 October 15, 2009 Prepared by Division of Administrative Rules Department of Administrative Services The Utah State Digest (Digest) is an official electronic publication of the State of Utah, Department of Administrative Services, Division of Administrative Rules. It is a summary of the information found in the Utah State Bulletin (Bulletin) of the same volume and issue number. Inquiries concerning the substance or applicability of an administrative rule that appear in the Digest should be addressed to the contact person for the rule. Questions about the Digest or the rulemaking process may be addressed to: Division of Administrative Rules, 4120 State Office Building, Salt Lake City, Utah 84114-1201, telephone 801-538-3218, FAX 801-538-1773. Additional rulemaking information, and electronic versions of all administrative rule publications are available at: http://www.rules.utah.gov/ . The Digest is available free of charge online at http://www.rules.utah.gov/publicat/digest.htm and by E-mail Listserv. ************************************************ Division of Administrative Rules, Salt Lake City 84114 Unless otherwise noted, all information presented in this publication is in the public domain and may be reproduced, reprinted, and redistributed as desired. Materials incorporated by reference retain the copyright asserted by their respective authors. Citation to the source is requested. Utah state digest. Semimonthly. 1. Delegated legislation--Utah--Digests. I. Utah. Office of Administrative Rules. KFU38.U8 348.792'025--DDC 86-658042 *********************************************** 1. SPECIAL NOTICES Notice for November 2009 Medicaid Rate Changes - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/sn148935.htm 2. EXECUTIVE DOCUMENTS As part of his or her constitutional duties, the Governor periodically issues Executive Documents comprised of Executive Orders, Proclamations, and Declarations. "Executive Orders" set policy for the Executive Branch; create boards and commissions; provide for the transfer of authority; or otherwise interpret, implement, or give administrative effect to a provision of the Constitution, state law or executive policy. "Proclamations" call special or extraordinary legislative sessions; designate classes of cities; publish states-of-emergency; promulgate other official formal public announcements or functions; or publicly avow or cause certain matters of state government to be made generally known. "Declarations" designate special days, weeks or other time periods; call attention to or recognize people, groups, organizations, functions, or similar actions having a public purpose; or invoke specific legislative purposes (such as the declaration of an agricultural disaster). The Governor's Office staff files Executive Documents that have legal effect with the Division of Administrative Rules for publication and distribution. All orders issued by the Governor not in conflict with existing laws have the full force and effect of law during a state of emergency when a copy of the order is filed with the Division of Administrative Rules. (See Section 63K-4- 401). Governor's Executive Order 2009/001/EO: Wildland Fire Management - Fran Stultz by phone at 801-538-1514, by FAX at 801-538-1528, or by Internet E-mail at Fstultz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2009/ExecDoc148908.htm Governor's Executive Order 2009/002/EO: Lieutenant Governor's State Bonding Commission Powers - Colene Tucker by phone at 801-538-1404, by FAX at 801-538-1528, or by Internet E-mail at colenetucker@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2009/ExecDoc148909.htm Governor's Executive Order 2009/003/EO: Lieutenant Governor's State Building Ownership Authority Powers - Colene Tucker by phone at 801-538-1404, by FAX at 801-538-1528, or by Internet E-mail at colenetucker@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2009/ExecDoc148910.htm Governor's Proclamation 2009/4/E: Calling the Fifty-Eighth Legislature into the Fourth Extraordinary Session - Colene Tucker by phone at 801-538-1404, by FAX at 801-538-1528, or by Internet E-mail at colenetucker@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2009/ExecDoc148912.htm Governor's Declaration of Agricultural Disaster - Fran Stultz by phone at 801-538-1514, by FAX at 801-538-1528, or by Internet E-mail at Fstultz@utah.gov FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/execdocs/2009/ExecDoc148913.htm 3. NOTICES OF PROPOSED RULES A state agency may file a Proposed Rule when it determines the need for a new rule, a substantive change to an existing rule, or a repeal of an existing rule. Filings received between September 16, 2009, 12:00 a.m., and October 1, 2009, 11:59 p.m. are summarized in this, the October 15, 2009, issue of the Utah State Digest. The law requires that an agency accept public comment on Proposed Rules published in the October 15, 2009, issue of the Utah State Bulletin until at least November 16, 2009 (the Bulletin is the parent publication of the Digest). The agency may accept comment beyond this date and will indicate the last day the agency will accept comment in the rule information published below. The agency may also hold public hearings. Additionally, citizens or organizations may request the agency hold a hearing on a specific Proposed Rule. Section 63G-3-302 requires that a hearing request be received by the agency proposing the rule "in writing not more than 15 days after the publication date of the proposed rule." From the end of the public comment period through February 12, 2010, the agency may notify the Division of Administrative Rules that it wants to make the Proposed Rule effective. The agency sets the effective date. The date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date in the Utah State Bulletin. Alternatively, the agency may file a Change in Proposed Rule in response to comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or a Change in Proposed Rule, the Proposed Rule lapses and the agency must start the process over. The public, interest groups, and governmental agencies are invited to review and comment on the Proposed Rules listed below. Comment may be directed to the contact person identified with each rule. Proposed Rules are governed by Section 63G-3-301; Rule R15-2; and Sections R15-4-3, R15-4-4, R15-4-5, R15-4-9, and R15-4-10. COMMERCE REAL ESTATE No. 33003 (Amendment): R162-6-1. Improper Practices. SUMMARY OF THE RULE OR CHANGE: This change increases the value limit for a token gift from $50 to $150. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: Token gifts given by licensees to people who provide unsolicited leads that result in closings have no effect on the state budget. - LOCAL GOVERNMENTS: Token gifts given by licensees to people who provide unsolicited leads that result in closings have no effect on budgets or resources of local governments. - SMALL BUSINESSES: Small businesses that choose to give token gifts may expend more under this amendment than they were able to expend previously. However, they are not required to do so. Therefore, there are no unavoidable costs to small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Under this amendment, affected persons may expend more for token gifts than they were previously able to. However, they are not required to do so. Therefore, there are no unavoidable costs to affected persons. COMPLIANCE COSTS FOR AFFECTED PERSONS: To comply, affected persons must limit an expenditure for a token gift to $150. There are no associated compliance costs. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: No fiscal impact to businesses is foreseen from this rule filing, which increases the permissible value of voluntary token gifts. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jennie Jonsson by phone at 801-530-6706, by FAX at 801-526-4387, or by Internet E-mail at jjonsson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33003.htm SECURITIES No. 33006 (Amendment): R164-4-9. Exemptions From Licensing Requirements for Certain Investment Advisers. SUMMARY OF THE RULE OR CHANGE: The rule codifies exemptions from the licensing requirements for certain investment advisers who meet the criteria set forth in the rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings to the state budget are anticipated, as the rule creates several exemptions from licensing for investment advisers engaged in certain activities. Any change in revenue will be nominal because most of the affected entities are not currently licensed with the Division and therefore are not currently paying licensing fees. - LOCAL GOVERNMENTS: None--The rule codifies exemptions from licensing for investment advisers engaged in certain activities for which licensing as an investment adviser is not required. Local government is not affected because it does not regulate investment advisers. - SMALL BUSINESSES: An investment adviser that meets an exemption under the rule will save the costs associated with licensing with the Division, currently $100 annually for an investment adviser and $50 per investment adviser representative. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: An investment adviser that meets an exemption under the rule will save the costs associated with licensing with the Division, which are currently $100 annually for an investment adviser and $50 annually per investment adviser representative. COMPLIANCE COSTS FOR AFFECTED PERSONS: None--Exemptions set forth under the rule may result in savings to affected persons as described above. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This rule may save businesses that meet the specified criteria the costs of licensing with the Division, but will otherwise have no fiscal impact to businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Charles Lyons by phone at 801-530-6940, by FAX at 801-530-6980, or by Internet E-mail at clyons@utah.gov - Keith Woodwell by phone at 801-530-6606, by FAX at 801-530-6980, or by Internet E-mail at kwoodwell@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33006.htm No. 33010 (Amendment): R164-9. Registration by Coordination. SUMMARY OF THE RULE OR CHANGE: H.B. 78 extended the waiting period for the effectiveness of a Registration by Coordination to 20 days from 10 days (see Subsection 61-1-9(3)(b)). This amendment updates all applicable references to reflect the new effectiveness period. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings to the state budget are anticipated. Extension of the automatic effectiveness period for Registrations by Coordination will not necessitate the dedication of any additional state personnel or other resources. - LOCAL GOVERNMENTS: None--Local government entities do not engage in any regulation in the area of securities registrations. - SMALL BUSINESSES: No additional costs will be incurred by small business. Substantive filing requirements will remain unchanged under this amendment. Only the automatic effectiveness period will change. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No additional costs will be incurred by these entities. Substantive filing requirements will remain unchanged under this amendment. Only the automatic effectiveness period will change. COMPLIANCE COSTS FOR AFFECTED PERSONS: No increase in compliance costs. Filing fees for the applicable registrations remain unchanged. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The implementation of this amendment will not result in an increase in compliance costs for businesses. All filing requirements relating to the submission of documents and filing fees will remain unchanged. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33010.htm No. 33011 (Amendment): R164-10-2. Registration Statements. SUMMARY OF THE RULE OR CHANGE: This amendment modifies Subsections R164-10- 2(K)(3)(a) and (b) of the rule to update the acronym "NASD" to "FINRA". ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings. The Amendment merely updates a reference to the name of an outside self-regulatory entity. - LOCAL GOVERNMENTS: No effect--Local government entities do not engage in any regulation in the area of securities registrations. - SMALL BUSINESSES: No additional costs or savings. The amendment merely updates a reference to the name of an outside self-regulatory entity. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No additional costs or savings. The amendment merely updates a reference to the name of an outside self-regulatory entity. COMPLIANCE COSTS FOR AFFECTED PERSONS: No additional costs or savings. The amendment merely updates a reference to the name of an outside self- regulatory entity. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment is a housekeeping matter designed to make sure that our rules accurately reference the names of all relevant entities. No fiscal impact on business is anticipated. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33011.htm No. 33012 (Amendment): R164-11-1. General Registration Provisions. SUMMARY OF THE RULE OR CHANGE: The amendment modifies Subsection R164-11- 1(A)(1) of the rule to reflect H.B. 78's repeal of Section 61-1-8 (Registration by Notification). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings are anticipated. The repealed section of the Act (Section 61-1-8) established a method for registering securities entitled Registration by Notification. Subsequent changes to state and federal law have rendered this method obsolete and no such registrations have been received by the Division of Securities since 1986. - LOCAL GOVERNMENTS: No effect--Local government entities do not engage in any regulation in the area of securities registrations. - SMALL BUSINESSES: No effect--Small business entities no longer make use of the repealed provision. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No effect--The entities contemplated herein no longer make use of the repealed provision. COMPLIANCE COSTS FOR AFFECTED PERSONS: No effect--The entities contemplated herein no longer make use of the repealed provision. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The entities that formerly used Registration by Notification now utilize other registration or exemption provisions in their offers and sales of securities. Loss of this obsolete and unused method will have no fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33012.htm No. 33013 (Amendment): R164-12-1f. Commissions on Sales of Securities. SUMMARY OF THE RULE OR CHANGE: The amendment modifies Subsection R164-12- 1f(A)(1) of the rule to reflect H.B. 78's repeal of Section 61-1-8 of the Act and modifies Subsection R164-12-1f(A)(3) to reflect the reorganization and name change of the National Association of Securities Brokers to the Financial Industry Regulatory Authority. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings. The amendment updates a reference to the name of an outside regulatory entity and removes a reference to a now-repealed method of securities registration. - LOCAL GOVERNMENTS: No effect--Local government entities do not engage in any regulation in the area of securities registrations. - SMALL BUSINESSES: No effect--The amendment merely updates a reference to the name of an outside self-regulatory entity and recognizes the repeal of a registration method no longer used by small businesses. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No effect--The amendment merely updates a reference to the name of an outside self-regulatory entity and recognizes the repeal of a registration method no longer used by the entities contemplated herein. COMPLIANCE COSTS FOR AFFECTED PERSONS: No effect--The amendment merely updates a reference to the name of an outside self-regulatory entity and recognizes the repeal of a registration method that was no longer in use prior to its repeal. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment reflects the name change of a self-regulatory organization and the repeal of an obsolete method of registering securities. Its implementation will have no fiscal impact on business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33013.htm No. 33014 (Repeal): R164-13. Definitions. SUMMARY OF THE RULE OR CHANGE: This rule is repealed in its entirety. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings. The removal to the statute of the definitions formerly contained in this rule will not necessitate any changes in personnel or operations. - LOCAL GOVERNMENTS: No effect--Local government personnel will be able to reference any needed definitions in the statute. - SMALL BUSINESSES: No effect--Small businesses will be able to readily reference the definitions in the statute. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: No effect--The entities contemplated herein will be able to readily reference the definitions in the statute. COMPLIANCE COSTS FOR AFFECTED PERSONS: No effect--Affected persons will be able to readily reference the definitions in the statute. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The repeal of this rule reflects policy decisions by the Legislature to transfer key definitions relevant to securities regulation to Section 61-1-13 of the Utah Uniform Securities Act. All definitions will be readily accessible in the statute and businesses will suffer no adverse fiscal impact. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33014.htm No. 33016 (Amendment): R164-18-6. Procedures for Administrative Actions. SUMMARY OF THE RULE OR CHANGE: Subsections R164-18-6(A)(1) and (C) are modified to reflect the repealing and renumbering of the Utah Administrative Procedures Act. Subsections R164-18-6(D) and (F)(1) are modified to reflect changes enacted by H.B. 78 (2009 General Session) and S.B. 64 (2005 General Session). Subsection R164-18-6(F)(2)(E) is added to define the administrative hearing rights granted to applicants for the new exemption enacted by H.B. 78 at Subsection 61-1-14(2)(j)(ii)(E)(II). ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: No additional costs or savings anticipated. The enactment of the new exemption provision will not necessitate any additional dedication of state resources. Procedures for administrative actions remain substantively unchanged. - LOCAL GOVERNMENTS: No effect--Local government entities do not administer any provisions relating to administrative hearings under the Utah Uniform Securities Act. - SMALL BUSINESSES: The specific changes made to this rule will not affect small businesses. However, the enactment by H.B. 78 of the new exemption from registration for transactions with existing shareholders may result in some monetary savings. The broadening of the scope of the aforementioned exemption may allow businesses that would formerly have registered their transactions to utilize a less costly exemption from registration. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The specific changes made to this rule will not affect the entities contemplated herein. However, the enactment by H.B. 78 of the new exemption from registration for transactions with existing shareholders may result in some monetary savings. The broadening of the scope of the aforementioned exemption may allow businesses that would formerly have registered their transactions to utilize a less costly exemption from registration. COMPLIANCE COSTS FOR AFFECTED PERSONS: The specific changes made to this rule will not affect persons. However, the enactment by H.B. 78 of the new exemption from registration for transactions with existing shareholders may result in some monetary savings. The broadening of the scope of the aforementioned exemption may allow businesses that would formerly have registered their transactions to utilize a less costly exemption from registration. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This amendment reflects provisions enacted by the Legislature in the repeal/renumbering of the Administrative Procedures Act and in the two other bills referenced above. No adverse fiscal impact is expected on business and the broadening of the exemption from registration for transactions with existing shareholders may result in a fiscal benefit for securities issuers. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Benjamin Johnson by phone at 801-530-6134, by FAX at 801-530-6980, or by Internet E-mail at bnjohnson@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33016.htm HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 33008 (Amendment): R414-1B. Prohibition of Payment for Certain Abortion Services. SUMMARY OF THE RULE OR CHANGE: This change clarifies the "damage to a major bodily function" exception in the rule that allows a Medicaid provider to use public funds to pay for an abortion. It further specifies the penalty for state employees who authorize the use of public funds to pay for an abortion that does not meet one of the three funding exceptions. It also includes other minor revisions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There is no expected impact to the state budget due to this clarification. Existing policy on the use of public funds to pay for an abortion has always required use of this definition. - LOCAL GOVERNMENTS: There is no budget impact to local governments because they do not fund or provide abortion services to Medicaid clients. - SMALL BUSINESSES: There is no expected impact to small businesses. Existing policy on the use of public funds to pay for an abortion has always required use of this definition. No provider is predicted to lose any funding. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There is no expected impact to other businesses. Existing policy on the use of public funds to pay for an abortion has always required use of this definition. No provider is predicted to lose any funding. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs to a single person or entity predicted due to this clarification of existing policy. Compliance should be enabled due to this clarification. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: This proposed rule clarifies a definition that should avoid confusion and not lead to denial of any service that was previously reimbursed. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Craig Devashrayee by phone at 801-538-6641, by FAX at 801-538-6099, or by Internet E-mail at cdevashrayee@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33008.htm INSURANCE ADMINISTRATION No. 33018 (Amendment): R590-76. Health Maintenance Organizations and Limited Health Plans. SUMMARY OF THE RULE OR CHANGE: The changes allow Health Maintenance Organizations (HMOs) to offer stand-alone dental and vision products with a closed HMO panel. The change will allow a great variety of plans to be offered in the marketplace thus providing more choices for consumers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule will not increase the revenue into the department or the state. Utah currently has nine HMOs. The Division does not know how many will develop stand-alone vision and dental plan but at least two or three will and possibly more. This will require them to file with the department new policy and rate forms for each new product they produce. This will increase the department's workload but the insurer will not be required to pay the department for the filing. - LOCAL GOVERNMENTS: Local governments will not be affected by these changes since they deal solely with the relationship between the department and their health insurance licensees. - SMALL BUSINESSES: Most of these HMOs would be considered small businesses. Several of the HMOs are run by their parent companies, which are large employers. There are at least two ways an HMO will be impacted by the changes to this rule. First, if an HMO decides to sell these stand-alone dental and vision plans they will be required to file them electronically with the state. Each filing packet will cost them $15. Adding to their product line may also increase their business which would increase their revenue stream up front. How many HMOs will produce and sell these new plans is not known at this time. Currently there are nine HMOs in Utah. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: Consumers will have an additional option when they purchase insurance. They can either purchase the dental and vision plans in a package with their HMO plan or separately as a stand-alone plan. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are at least two ways an HMO will be impacted by the changes to this rule. First, if an HMO decides to sell these stand-alone dental and vision plans they will be required to file them electronically with the state. Each filing packet will cost them $15. Adding to their product line may also increase their business which would increase their revenue stream up front. How many HMOs will produce and sell these new plans is not known at this time. Currently there are nine HMOs in Utah. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The fiscal impact resulting from these changes will be minimal. It will increase the number of choices consumers will have. How many of these plans will sell is unknown. It will be an additional product offered by HMOs that will give consumers more choices. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33018.htm LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 33007 (Amendment): R612-2-5. Regulation of Medical Practitioner Fees. SUMMARY OF THE RULE OR CHANGE: The proposed amendment removes an unnecessary listing of specific medical services that are subject to the rule and eliminates a reference to Ingenex methodology for computation of reimbursement rates for some pathology and laboratory services. The amendment incorporates by reference current versions of the Resource-Based Relative Value Scale (RBRVS), the American Medical Association's CPT-4 coding guidelines, and the Labor Commission's Medical Fee Guidelines. The amendment updates a reference to the Labor Commission's web site. Finally, the rule identifies existing methods by which injured workers and their medical providers can seek payment for medical services that are not otherwise addressed by this rule. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This proposed amendment will not impose any additional implementation or regulatory costs on the Labor Commission, which is the state agency charged with administering and enforcing Utah's workers' compensation system. The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 1.4% as a result of adoption of the updated RBRVS and CPT standards. The Commission presumes that this increase will be passed on to the state in increased workers' compensation insurance premiums. - LOCAL GOVERNMENTS: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 1.4% as a result of adoption of the updated RBRVS and CPT standards. The Commission presumes that this increase will be passed on to local governments in increased workers' compensation insurance premiums. - SMALL BUSINESSES: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 1.4% as a result of adoption of the updated RBRVS and CPT standards. The Commission presumes that this increase will be passed on to small businesses in increased workers' compensation insurance premiums. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The National Council on Compensation Insurance projects that overall workers' compensation costs will increase by 1.4% as a result of adoption of the updated RBRVS and CPT standards. The Commission presumes that this increase will be passed on to employers in increased workers' compensation insurance premiums. COMPLIANCE COSTS FOR AFFECTED PERSONS: Workers' compensation insurance carriers and those providing medical services to injured workers will be affected by the proposed amendment. Because the RBRVS and CPT systems are already used throughout the health care industry, insurance carriers and medical providers already receive and use updates to those systems. The Commission does not anticipate that the updates required by this rule amendment will result in any additional compliance costs for those entities. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The workers' compensation system uses the same relative value (RBRVS) and coding (CPT) systems that are generally used throughout the health industry. Periodically, the RBRVS and CPT systems are updated. It is therefore necessary for the Commission to also adopt those changes in order to 1) avoid confusion and 2) provide adequate payment for medical care provided to injured workers. This year, the modifications to the RBRVS and CPT will result in increased payments for some medical services. These increases will be factored in to workers' compensation insurance premiums, but they are relatively small and may be offset by reductions in other factors. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Bunkall by phone at 801-530-6988, by FAX at 801-530-6844, or by Internet E-mail at lbunkall@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33007.htm PUBLIC EDUCATION JOB ENHANCEMENT PROGRAM JOB ENHANCEMENT COMMITTEE No. 32986 (Amendment): R690-100. Public Education Job Enhancement Program Participant Eligibility and Requirements. SUMMARY OF THE RULE OR CHANGE: This rule provides language to make it consistent with the Utah Open and Public Meetings Act, provides notice to school districts, charter schools and participants that eligible participants must be newly hired to receive opportunity awards, requires enrollment at the first possibility enrollment opportunity following the award, and limits Advancement Awards for use only at Utah public or private accredited higher education institutions with rare exceptions. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: There are no anticipated costs or savings to the state budget. The state simply administers awards based on legislative appropriation. - LOCAL GOVERNMENTS: There are no anticipated costs or savings to local government. School districts and charter schools do not receive awards. - SMALL BUSINESSES: There are no anticipated costs or savings to small businesses. These awards are given within the public education system and there are no business costs. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: There are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities. Participants understand the requirements when they apply for the awards; there should be no unexpected costs to participants. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs for affected persons. Participants understand the requirements when they apply for the awards; there should be no unexpected costs to participants. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: I have reviewed the rule and I see no fiscal impact on businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Clara Walters by phone at 801-538-7616, by FAX at 801-538-7973, or by Internet E-mail at clara.walters@schools.utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32986.htm WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 33017 (Amendment): R986-700. Child Care Assistance. SUMMARY OF THE RULE OR CHANGE: Currently, if a provider receives funds but does not provide child care during the month, the rules require the provider be removed from the approved provider list. Sometimes a provider is not completely at fault and needs time to repay the overpayment. These changes will allow up to six months to repay the overpayment during which the provider can remain an approved provider. This matches the procedure where a provider removes funds that were not authorized. Additionally, this proposed amendment changes the criminal convictions that will disqualify a friend and family provider to match the criminal convictions used by the Department of Health to disqualify licensed providers. This is due to changes made by the Department of Health to its rules. The disqualification reasons should be the same, as much as possible, for both types of providers. ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: This is a federally-funded program so there are no costs or savings to the state budget. - LOCAL GOVERNMENTS: This is a federally-funded program so there are no costs or savings to any local government. - SMALL BUSINESSES: This is a federally-funded program and there will be no costs or savings to any small business. Child care providers will be given longer to repay overpayments. Family providers may be disqualified for certain types of serious crimes. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: This will have no impact on any other persons. Some family child care providers may be disqualified in the future based on a criminal conviction. COMPLIANCE COSTS FOR AFFECTED PERSONS: There are no compliance costs associated with these proposed amendments. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: There are no compliance costs associated with this change. There are no fees associated with this change. There will be no cost to anyone to comply with these changes. There will be no fiscal impact on any business. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Suzan Pixton by phone at 801-526-9645, by FAX at 801-526-9211, or by Internet E-mail at spixton@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 12/01/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33017.htm 4. NOTICES OF CHANGES IN PROPOSED RULES After an agency has published a Proposed Rule in the Utah State Bulletin, it may receive public comment that requires the Proposed Rule to be altered before it goes into effect. A Change in Proposed Rule allows an agency to respond to comments it receives. While the law does not designate a comment period for a Change in Proposed Rule, it does provide for a 30-day waiting period. An agency may accept additional comments during this period, and, at its option, may designate a comment period or may hold a public hearing. The 30-day waiting period for Changes in Proposed Rules published in Utah State Bulletin ends November 16, 2009. From the end of the 30-day waiting period through February 12, 2010, an agency may notify the Division of Administrative Rules that it wants to make the Change in Proposed Rule effective. When an agency submits a Notice of Effective Date for a Change in Proposed Rule, the Proposed Rule as amended by the Change in Proposed Rule becomes the effective rule. The agency sets the effective date. The date may be no fewer than 30 days nor more than 120 days after the publication of the Change in Proposed Rule. If the agency designates a public comment period, the effective date may be no fewer than seven calendar days after the close of the public comment period nor more than 120 days after the publication date. Alternatively, the agency may file another Change in Proposed Rule in response to additional comments received. If the Division of Administrative Rules does not receive a Notice of Effective Date or another Change in Proposed Rule by the end of the 120-day period after publication, the Change in Proposed Rule filings, along with its associated Proposed Rule, lapses and the agency must start the process over. Changes in Proposed Rules are governed by Section 63G-3-303; Rule R15-2; and Sections R15-4-3, R15-4-5, R15-4-7, and R15-4-9. INSURANCE ADMINISTRATION No. 32697 (Change in Proposed Rule): R590-79. Life Insurance Disclosure Rule. SUMMARY OF THE RULE OR CHANGE: The substantive changes to this rule are in Subsection R590-79-5(B) which eliminates the requirement that a life insurer provide a policy summary with an illustrated policy. Subsection R590-79-5(C) eliminates wording describing a universal policy, which is already understood by those in the life insurance industry. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the June 15, 2009, issue of the Utah State Bulletin, on page 44. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The changes to this rule will not require additional filings being made to the department and thus no additional work for the staff. Nor will the changes require licensees to pay additional fines or fees. - LOCAL GOVERNMENTS: The changes to this rule will not affect local governments since the rule deals solely with the relationship between the department and their licensees, in this case, life insurance companies. - SMALL BUSINESSES: This rule impacts life insurance companies, which are organizations of more than 50 employees. There should be no impact on small employers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: The main change is to eliminate the requirement for life insurers to provide a one-page policy summary with an illustrated policy. The elimination of this requirement will make this rule uniform with the national standard and eliminate redundancy since an illustrated policy already provides a great deal more information than is provided on a one-page summary. This should have very little if any effect upon most insurers since they were not providing the summary and we were not enforcing this portion of the rule. COMPLIANCE COSTS FOR AFFECTED PERSONS: The main change is to eliminate the requirement for life insurers to provide a one-page policy summary with an illustrated policy. The elimination of this requirement will make this rule uniform with the national standard and eliminate redundancy since an illustrated policy already provides a great deal more information than is provided on a one-page summary. This should have very little if any effect upon most insurers since they were not providing the summary and we were not enforcing this portion of the rule. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to this rule will have no fiscal impact on businesses in Utah. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32697.htm No. 32698 (Change in Proposed Rule): R590-177. Life Insurance Illustrations Rule. SUMMARY OF THE RULE OR CHANGE: In Section R590-177-3, the dollar amount at which a policy illustration is required is being changed from $15,000 to the original amount of $10,000. The changes in Subsection R590-177-11(C)(6)(c) are being made for consistency with Subsection R590-177-4(k)(1)(c) of this rule. Subsection R590-177-11(H) is being changed back to the way it was. It was determined that it was easier to remember to notify the department at the time the illustration actuary is changed rather than when the insurer makes its next filing. (DAR NOTE: This change in proposed rule has been filed to make additional changes to a proposed amendment that was published in the June 15, 2009, issue of the Utah State Bulletin, on page 48. Underlining in the rule below indicates text that has been added since the publication of the proposed new rule mentioned above; strike out indicates text that has been deleted. You must view the change in proposed rule and the proposed amendment together to understand all of the changes that will be enforceable should the agency make this rule effective.) ANTICIPATED COST OR SAVINGS TO: - THE STATE BUDGET: The additional changes to this rule will not require additional filings for the department and thus no additional work nor will the changes require the department's licensees to pay additional fines or fees. - LOCAL GOVERNMENTS: The changes to this rule will not affect local governments since the rule deals only with the relationship between licensed life insurers and the insurance department. - SMALL BUSINESSES: This rule impacts life insurance companies, which are organizations of more than 50 employees. There should be no impact on small employers. - PERSONS OTHER THAN SMALL BUSINESSES, BUSINESSES, OR LOCAL GOVERNMENTAL ENTITIES: In Section R590-177-3, the dollar amount at which an illustration is required to accompany the policy is being changed from $15,000 back to the original amount of $10,000 to maintain the national standard. This should have very little if any impact on insurers required to provide these illustrations since so few policies have a face value as low as $10,000 to $15,000. Essentially all life policies have higher values and are required to be accompanied by an illustration when given to the insured. COMPLIANCE COSTS FOR AFFECTED PERSONS: In Section R590-177-3, the dollar amount at which an illustration is required to accompany the policy is being changed from $15,000 back to the original amount of $10,000 to maintain the national standard. This should have very little if any impact on insurers required to provide these illustrations since so few policies have a face value as low as $10,000 to $15,000. Essentially all life policies have higher values and are required to be accompanied by an illustration when given to the insured. COMMENTS BY THE DEPARTMENT HEAD ON THE FISCAL IMPACT THE RULE MAY HAVE ON BUSINESSES: The changes to this rule should have very little, if any, fiscal impact on Utah businesses. INTERESTED PERSONS MAY PRESENT THEIR VIEWS ON THIS RULE BY SUBMITTING WRITTEN COMMENTS NO LATER THAN AT 5:00 PM ON 11/16/2009 DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov THIS RULE MAY BECOME EFFECTIVE ON: 11/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32698.htm 5. FIVE-YEAR NOTICES OF REVIEW AND STATEMENTS OF CONTINUATION Within five years of an administrative rule's original enactment or last five-year review, the agency is required to review the rule. This review is intended to remove obsolete rules from the Utah Administrative Code. Upon reviewing a rule, an agency may: repeal the rule by filing a Proposed Rule; continue the rule as it is by filing a Notice of Review and Statement of Continuation (Notice); or amend the rule by filing a Proposed Rule and by filing a Notice. By filing a Notice, the agency indicates that the rule is still necessary. The rule text that is being continued may be found in the most recent edition of the Utah Administrative Code. The rule text may also be inspected at the agency or the Division of Administrative Rules. Notices are effective upon filing. Notices are governed by Section 63G-3-305. ADMINISTRATIVE SERVICES RECORDS COMMITTEE No. 32988 (5-year Review): R35-1. State Records Committee Appeal Hearing Procedures. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: It is necessary for the Committee to have procedures for the hearing process so both the Committee members and the participants in the hearing can know what time frames are expected and what to anticipate during a State Records Committee hearing. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Mumford by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at smumford@utah.gov EFFECTIVE: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32988.htm No. 32989 (5-year Review): R35-2. Declining Appeal Hearings. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary so the Executive Secretary and the Committee members are aware of the process for declining an appeal hearing. The rule also allows for a report of declined hearings so Committee members may choose to reverse the decision to decline an appeal. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Mumford by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at smumford@utah.gov EFFECTIVE: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32989.htm No. 32990 (5-year Review): R35-3. Prehearing Conferences. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule allows for prehearing conferences between the State Records Committee chair or a member appointed by the chair, the petitioner, and a representative from the governmental entity to encourage communication between parties and to facilitate settlement of the appeal. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Mumford by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at smumford@utah.gov EFFECTIVE: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32990.htm No. 32991 (5-year Review): R35-4. Compliance with State Records Committee Decisions and Orders. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule explains the procedures for a governmental entity to follow in order to be in compliance with the order of the State Records Committee. It also allows the committee to enforce their order if there is noncompliance from a governmental agency. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Mumford by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at smumford@utah.gov EFFECTIVE: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32991.htm No. 32992 (5-year Review): R35-5. Subpoenas Issued by the Records Committee. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Rule R35-5 outlines the procedures followed by the petitioner when requesting a subpoena be issued. This rule outlines the procedures to be followed by the State Records Committee Chair when denying or granting the request. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Mumford by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at smumford@utah.gov EFFECTIVE: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32992.htm No. 32994 (5-year Review): R35-6. Expedited Hearing. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule is necessary so the petitioner, the governmental entity, and the State Records Committee will know the procedure for requesting and scheduling an expedited hearing. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Susan Mumford by phone at 801-531-3861, by FAX at 801-531-3867, or by Internet E-mail at smumford@utah.gov EFFECTIVE: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32994.htm COMMERCE OCCUPATIONAL AND PROFESSIONAL LICENSING No. 32983 (5-year Review): R156-31c. Nurse Licensure Compact Rule. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued as it provides an uniform manner in which implementation of the Nurse Licensure Compact (NLC) must be done. The rule adheres to the model compact rule developed by the Nurse Licensure Compact administrators and allows Utah to continue to participate in the Nurse Licensure Compact. DIRECT QUESTIONS REGARDING THIS RULE TO: - Laura Poe by phone at 801-530-6789, by FAX at 801-530-6511, or by Internet E-mail at lpoe@utah.gov EFFECTIVE: 09/21/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32983.htm HEALTH COMMUNITY AND FAMILY HEALTH SERVICES, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 33001 (5-year Review): R398-5. Birth Defects Reporting. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: Birth defects occur in 1 of every 33 babies born in Utah and are the leading cause of infant mortality. Birth defects also contribute to premature births and are the major reason for hospitalizations during the first year of life. There are economic costs to families and society for children born with birth defects and the costs extend beyond the medical and surgical care to behavioral and educational service issues. Increasing the number of babies born without birth defects will reduce family, third party payer, and societal costs. Approximately 80% of birth defects have no known cause. Because the majority of babies born with birth defects have no identifiable cause, more epidemiology studies are necessary. The ultimate goal of the rule is to prevent birth defects and increase the number of babies born healthy in Utah. Evaluation of the epidemiological data provides information in order to assess risk factors and develop primary prevention strategies directed at reducing these factors. Implementation of the primary prevention activities targeted at both high risk populations and women in their childbearing years in Utah will reduce the occurrence of birth defects, which must be evaluated through the continuous tracking of all major birth defects statewide. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Holly Williams by phone at 801-584-8202, by FAX at 801-584-8488, or by Internet E-mail at hollywilliams@utah.gov EFFECTIVE: 09/28/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33001.htm HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 32996 (5-year Review): R414-1B. Prohibition of Payment for Certain Abortion Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued to assure compliance with the prohibition on using public funds for certain abortion services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kimi McNutt by phone at 801-538-6381, by FAX at 801-538-6099, or by Internet E-mail at kmcnutt@utah.gov EFFECTIVE: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32996.htm No. 32997 (5-year Review): R414-14. Home Health Services. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it outlines eligibility requirements, access requirements, service coverage, and reimbursement for Medicaid clients receiving home health services. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kimi McNutt by phone at 801-538-6381, by FAX at 801-538-6099, or by Internet E-mail at kmcnutt@utah.gov EFFECTIVE: 09/23/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32997.htm No. 33005 (5-year Review): R414-14A. Hospice Care. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: This rule should be continued because it outlines hospice care services for Medicaid eligible clients. DIRECT QUESTIONS REGARDING THIS RULE TO: - Kimi McNutt by phone at 801-538-6381, by FAX at 801-538-6099, or by Internet E-mail at kmcnutt@utah.gov EFFECTIVE: 09/30/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/33005.htm INSURANCE ADMINISTRATION No. 32985 (5-year Review): R590-229. Annuity Disclosure. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: The department needs to continue this rule in force in order to provide standards for the disclosure of minimum information about annuity contracts to protect consumers by specifying the minimum information to be disclosed and the method of disclosing it in connection with the sale of annuity contracts. The rule also fosters consumer education by ensuring that purchasers of annuity contracts understand certain basic features of annuity contracts. The latter information is available in the buyer's guides referred to in this rule. DIRECT QUESTIONS REGARDING THIS RULE TO: - Jilene Whitby by phone at 801-538-3803, by FAX at 801-538-3829, or by Internet E-mail at jwhitby@utah.gov EFFECTIVE: 09/22/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32985.htm LABOR COMMISSION INDUSTRIAL ACCIDENTS No. 32982 (5-year Review): R612-8. Procedural Guidelines for the Reemployment Act. REASONED JUSTIFICATION FOR THE CONTINUATION OF THE RULE, INCLUDING REASONS WHY THE AGENCY DISAGREES WITH COMMENTS IN OPPOSITION TO THE RULE, IF ANY: In light of the Commission's continuing responsibility to administer Utah's workers' compensation system and to monitor reemployment of injured workers, it remains necessary for the Commission to set forth guidelines for the reporting of information regarding reemployment efforts. This rule is necessary to establish standards for such reporting requirements. Therefore, this rule should be continued. DIRECT QUESTIONS REGARDING THIS RULE TO: - Larry Bunkall by phone at 801-530-6988, by FAX at 801-530-6844, or by Internet E-mail at lbunkall@utah.gov EFFECTIVE: 09/17/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32982.htm 6. NOTICES OF FIVE-YEAR REVIEW EXTENSIONS Rulewriting agencies are required by law to review each of their administrative rules within five years of the date of the rule's original enactment or the date of last review (Section 63G-3-305). If the agency finds that it will not meet the deadline for review of the rule (the five- year anniversary date), it may file an extension with the Division of Administrative Rules. The extension permits the agency to file the review up to 120 days beyond the anniversary date. Agencies have filed extensions for the rules listed below. The "Extended Due Date" is 120 days after the anniversary date. The five-year review extension is governed by Subsections 63G-3-305(4) and (5). HEALTH COMMUNITY AND FAMILY HEALTH SERVICES, CHILDREN WITH SPECIAL HEALTH CARE NEEDS No. 32987 (Five-Year Extension): R398-5. Birth Defects Reporting. EXTENSION REASON: The agency requested an extension for the five-year review to allow full review of the changes before the deadline. New deadline: 01/20/2010. (DAR NOTE: See five-year review under DAR No. 33001 in this issue, October 15, 2009, of the Bulletin.) DIRECT QUESTIONS REGARDING THIS RULE TO: - Holly Williams by phone at 801-584-8202, by FAX at 801-584-8488, or by Internet E-mail at hollywilliams@utah.gov EFFECTIVE: 09/22/2009 FOR THE FULL TEXT OF THIS DOCUMENT, VISIT: http://www.rules.utah.gov/publicat/bulletin/2009/20091015/32987.htm 7. NOTICES OF RULE EFFECTIVE DATES After a Proposed Rule or a Change in Proposed Rule has been published, and after any comment period has ended, the agency promulgating the rule may notify the Division of Administrative Rules of the effective date for the rule. Statute permits an agency to make a rule effective "on any date specified by the agency that is no fewer than seven calendar days after the close of the public comment period . . . , nor more than 120 days after the publication date." If the agency has not designated a comment period for a Change in Proposed Rule, the agency may make that Change in Proposed Rule effective on the 30th day following publication. If an agency fails to file a Notice of Effective Date within 120 days from the publication of a Proposed Rule or a related Change in Proposed Rule the rule lapses and the agency must start the rulemaking process over. Notices of Effective Date are governed by Subsection 63G-3-301(9), and Section R15-4-5. AGRICULTURE AND FOOD ANIMAL INDUSTRY No. 32784 (AMD): R58-21. Trichomoniasis Published: 08/01/2009 Effective: 09/22/2009 ENVIRONMENTAL QUALITY DRINKING WATER No. 32806 (AMD): R309-100. Administration: Drinking Water Program Published: 08/01/2009 Effective: 09/24/2009 No. 32807 (AMD): R309-105. Administration: General Responsibilities of Public Water Systems Published: 08/01/2009 Effective: 09/24/2009 No. 32808 (AMD): R309-110. Administration: Definitions Published: 08/01/2009 Effective: 09/24/2009 No. 32809 (AMD): R309-200. Monitoring and Water Quality: Drinking Water Standards Published: 08/01/2009 Effective: 09/24/2009 No. 32810 (AMD): R309-205. Monitoring and Water Quality: Source Monitoring Requirements Published: 08/01/2009 Effective: 09/24/2009 No. 32811 (AMD): R309-210. Monitoring and Water Quality: Distribution System Monitoring Requirements Published: 08/01/2009 Effective: 09/24/2009 No. 32812 (AMD): R309-215. Monitoring and Water Quality: Treatment Plant Monitoring Requirements Published: 08/01/2009 Effective: 09/24/2009 No. 32813 (AMD): R309-220. Monitoring and Water Quality: Public Notification Requirements Published: 08/01/2009 Effective: 09/24/2009 No. 32814 (AMD): R309-225. Monitoring and Water Quality: Consumer Confidence Reports Published: 08/01/2009 Effective: 09/24/2009 HEALTH HEALTH CARE FINANCING, COVERAGE AND REIMBURSEMENT POLICY No. 32840 (AMD): R414-1-5. Incorporations by Reference Published: 08/15/2009 Effective: 10/01/2009 No. 32860 (AMD): R414-33B-5. Service Coverage Published: 08/15/2009 Effective: 09/30/2009 No. 32861 (AMD): R414-33C-5. Service Coverage Published: 08/15/2009 Effective: 09/30/2009 No. 32862 (AMD): R414-33D-5. Service Coverage Published: 08/15/2009 Effective: 09/30/2009 No. 32841 (AMD): R414-54-3. Services Published: 08/15/2009 Effective: 10/01/2009 No. 32842 (AMD): R414-59-4. Client Eligibility Requirements Published: 08/15/2009 Effective: 10/01/2009 No. 32859 (AMD): R414-306. Program Benefits Published: 08/15/2009 Effective: 10/01/2009 HUMAN RESOURCE MANAGEMENT ADMINISTRATION No. 32724 (AMD): R477-1. Definitions Published: 07/01/2009 Effective: 10/01/2009 No. 32727 (AMD): R477-2. Administration Published: 07/01/2009 Effective: 10/01/2009 HUMAN SERVICES RECOVERY SERVICES No. 32676 (AMD): R527-301. Non-IV-D Income Withholding Published: 06/15/2009 Effective: 10/01/2009 INSURANCE ADMINISTRATION No. 32799 (REP): R590-101. Appointment and Termination of Individuals licensed as Agents, and Organizations Licensed as Agents by Insurers Published: 08/01/2009 Effective: 09/28/2009 No. 32850 (AMD): R590-102. Insurance Department Fee Payment Rule Published: 08/15/2009 Effective: 09/28/2009 No. 32800 (REP): R590-123. Additions and Deletions of Designees by Organizations Published: 08/01/2009 Effective: 09/28/2009 No. 32801 (REP): R590-141. Individual and Agency License Lapse and Reinstatement Published: 08/01/2009 Effective: 09/28/2009 No. 32865 (AMD): R590-171. Surplus Lines Procedures Rule Published: 08/15/2009 Effective: 09/28/2009 NATURAL RESOURCES FORESTRY, FIRE AND STATE LANDS No. 32853 (AMD): R652-20. Mineral Resources Published: 08/15/2009 Effective: 09/23/2009 PUBLIC SERVICE COMMISSION ADMINISTRATION No. 32867 (AMD): R746-100-16. Use of information Claimed to Be Confidential in Commission Proceedings Published: 08/15/2009 Effective: 09/23/2009 No. 32851 (AMD): R746-360-4. Application of Fund Surcharges to Customer Billings Published: 08/15/2009 Effective: 11/01/2009 No. 32866 (NEW): R746-700. Complete Filings for General Rate Case and Major Plant Addition Applications Published: 08/15/2009 Effective: 09/23/2009 REGENTS (BOARD OF) UNIVERSITY OF UTAH, ADMINISTRATION No. 32713 (NEW): R805-3. Overnight Camping and Campfires on University of Utah Property Published: 07/01/2009 Effective: 09/18/2009 TAX COMMISSION ADMINISTRATION No. 32824 (AMD): R861-1A-41. Date of Assessment Pursuant to Utah Code Ann. Sections 59-1-302.1 and 59-1-706 Published: 08/01/2009 Effective: 09/17/2009 No. 32794 (AMD): R861-1A-44. Definition of Delivery Service Pursuant to Utah Code Ann. Section 59-1-1404 Published: 08/01/2009 Effective: 09/17/2009 AUDITING No. 32852 (AMD): R865-4D-2. Refund Procedures for Special Fuel Used Off- Highway or to Operate a Power Take-Off Unit, and Sales Tax Liability Pursuant to Utah Code Ann. Sections 59-13-301 and 59-13-304 Published: 08/15/2009 Effective: 09/21/2009 No. 32792 (AMD): R865-6F-34. Qualified Subchapter S Subsidiaries Pursuant to Utah Code Ann. Section 59-7-701 Published: 08/01/2009 Effective: 09/17/2009 No. 32788 (AMD): R865-6F-35. S Corporation Determination of Tax Pursuant to Utah Code Ann. Section 59-7-703 Published: 08/01/2009 Effective: 09/17/2009 No. 32793 (AMD): R865-9I-13. Non-Resident's Share of Partnership or Limited Liability Company Income Pursuant to Utah Code Ann. Sections 59-10-116, 59- 10-117, 59-10-118, and 59-10-1405 Published: 08/01/2009 Effective: 09/17/2009 No. 32795 (AMD): R865-9I-55. Qualified Subchapter S Subsidiaries Pursuant to Utah Code Ann. Section 59-10-1403 Published: 08/01/2009 Effective: 09/17/2009 No. 32789 (AMD): R865-9I-56. Determination of Amounts Withheld by a Pass- Through Entity that is an S Corporation Pursuant to Utah Code Ann. Section 59-10-116, 59-10-117, 59-10-118, 59-10-1403.2 and 59-10-1405 Published: 08/01/2009 Effective: 09/17/2009 No. 32791 (AMD): R865-12L-17. Procedures for the Administration of the Tourism, Recreation, Cultural and Convention Facilities Tax Pursuant to Utah Code Ann. Sections 59-12-602 and 59-12-603 Published: 08/01/2009 Effective: 09/17/2009 No. 32785 (AMD): R865-19S-58. Materials and Supplies Sold to Owners, Contractors and Repairmen of Real Property Pursuant to Utah Code Ann. Sections 59-12-102 and 59-12-103 Published: 08/01/2009 Effective: 09/17/2009 No. 32796 (AMD): R865-19S-107. Reporting of Exempt Sales or Purchases Pursuant to Utah Code Ann. Section 59-12-105 Published: 08/01/2009 Effective: 09/17/2009 No. 32825 (REP): R865-25X. Brine Shrimp Royalty Published: 08/01/2009 Effective: 09/17/2009 MOTOR VEHICLE ENFORCEMENT No. 32790 (AMD): R877-23V-8. Signs and Identification Pursuant to Utah Code Ann. Section 41-3-105 Published: 08/01/2009 Effective: 09/17/2009 No. 32786 (AMD): R877-23V-12. Documents Required Prior to Issue of a License Pursuant to Utah Code Ann. Section 41-3-105 Published: 08/01/2009 Effective: 09/17/2009 PROPERTY TAX No. 32822 (AMD): R884-24P-33. 2009 Personal Property Valuation Guides and Schedules Pursuant to Utah Code Ann. Section 59-2-301 Published: 08/01/2009 Effective: 09/17/2009 TECHNOLOGY SERVICES ADMINISTRATION No. 32704 (AMD): R895-6. IT Plan Submission Rule for Agencies Published: 07/01/2009 Effective: 09/16/2009 TRANSPORTATION OPERATIONS, CONSTRUCTION No. 32863 (NEW): R916-5. Health Reform -- Health Insurance Coverage in State Contracts -- Implementation Published: 08/15/2009 Effective: 09/21/2009 WORKFORCE SERVICES EMPLOYMENT DEVELOPMENT No. 32864 (AMD): R986-200-218. Exceptions to the Time Limit Published: 08/15/2009 Effective: 10/01/2009 No. 32857 (AMD): R986-400. General Assistance and Working Toward Employment Published: 08/15/2009 Effective: 09/22/2009 8. RULES INDEX The Rules Index is a cumulative index that reflects all effective Utah administrative rules. The Rules Index is not included Digest. However, a copy of the current Rules Index is available http://www.rules.utah.gov/research.htm . <>